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General Service Enterprise

Rules Regarding ITQ

From Iowa Code 11- Chapter 105.8(7) - The department may pre-qualify vendors for certain classes of solicitations, including but not limited to:  1) Information technology consulting, 2) Architectural services, and 3) Engineering services. 

Following institution of a prequalification process the department may select, in a competitive manner, a pre-qualified vendor without public notice and without further negotiation of general terms and conditions.  A solicitation "may" be restricted only to pre-qualified vendors, in addition to the TSB notification required by 105.7(2).          See also 11-106.5(80GA,HF534) below.

Vendor prequalification is not an award and does not create an obligation on the part of the department.

The department shall use an invitation to qualify process for the purpose of facilitating a subsequent solicitation that uses one of the other methods described in these rules.  The purposes of using an invitation to qualify process include but are not limited to the following:

1) Standardize state terms and conditions relating to the type of procurement, thereby avoiding repetition and duplication.

2) Ensure that pre-qualified vendors are capable of performing work in a manner consistent with operational standards developed and adopted by the department.

3) Implement a pay-for-performance model directly linking vendor payments to defined results as required by Iowa Code section 8.47.

4) Consolidate records of vendor qualifications and performance in one location for reference and review.

5) Reduce time required for solicitation of proposals from vendors for individual procurements.

The department shall develop criteria for vendor qualification based upon its own expertise, the recommendations of its advisors, information and research, and the needs of agencies.  The department shall develop and specify evaluation criteria for each invitation to qualify. Examples of evaluation criteria may include, but are not limited to the following:

1)       Affirmative responses to a mandatory agreement questionnaire.

2)       Ratings of at least average on a professional/technical personnel questionnaire.

3)       Scores in a specified range for each client reference survey.

4)       Competitive cost data by type of service.

5)       Acceptable vendor financial information.

The department shall establish and notify pre-qualified vendors of minimum acceptable performance levels and institute a performance tracking mechanism on each pre-qualified vendor.  If a vendor's performance falls below the minimum acceptable level, the vendor shall be removed from the pre-qualified list.  A vendor that does not pre-qualify or that is removed from the pre-qualified list due to the vendor's performance has the right to appeal in accordance with 11-105.20(80GA, HF534).

11-106.5(80GA,HF534)  Use of competitive selection:

Departments and establishments shall use competitive selection to acquire services from private agencies when the estimated annual value of the service contract is equal to or greater than $5,000 or when the estimated value of the multiyear service contract in the aggregate, including any renewals, is equal to or greater than $15,000 unless there is adequate justification for a sole source or emergency procurement pursuant to rule 106.7(80GA,HF534) or 106.8(80GA,HF534) or another provision of law.

106.5(1) When the estimated annual value of the service contract is equal to or greater than $50,000 or the estimated value of the multiyear service contract in the aggregate, including any renewals, exceeds $150,000, a department or establishment shall use a formal competitive selection process to procure the service.

106.5(2) When the estimated annual value of the service contract is equal to or greater than $5,000 but less than $50,000 and the estimated value of the multiyear service contract in the aggregate, including any renewals, does not exceed $150,000, a department or establishment, in its sole discretion, shall use either a formal or informal competitive selection process to engage a service provider.

106.5(3) The requirement to use competitive selection to select a service provider when the estimated annual value of the service contract is equal to or greater than $5,000 or when the estimated value of the multiyear service contract in the aggregate, including renewals, is equal to or greater than $15,000 applies even when the department or establishment purchases services from a private entity and designates the contract it enters into with the private entity as a 28E agreement.

11-106.9(80GA,HF534)  Informal competitive procedures.

106.9(1) When utilizing an informal competition as defined in rule 106.3(80GA,HF534), the department or establishment may contact the prospective service providers in person, by telephone, fax, E-mail or letter.  When the department or establishment is not able to locate three prospective service providers, the department or establishment must justify contacting fewer than three service providers.  The justification shall be included in the contract file.

106.9(2) A department or establishment may send copies of the scope of work to service providers that it has identified as qualified to perform the work described in the scope of work.